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  H.B. No. 4079
 
 
 
 
AN ACT
  relating to the creation of the Montgomery County Municipal Utility
  District No. 119; providing authority to impose taxes and issue
  bonds.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle F, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 8269 to read as follows:
  CHAPTER 8269. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 119
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 8269.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the board of directors of the
  district.
               (2)  "Director" means a member of the board.
               (3)  "District" means the Montgomery County Municipal
  Utility District No. 119.
         Sec. 8269.002.  NATURE OF DISTRICT. The district is a
  municipal utility district in Montgomery County created under and
  essential to accomplish the purposes of Section 59, Article XVI,
  Texas Constitution.
         Sec. 8269.003.  CONFIRMATION ELECTION REQUIRED. If the
  creation of the district is not confirmed at a confirmation
  election held under Section 8269.023 before September 1, 2015:
               (1)  the district is dissolved September 1, 2015,
  except that the district shall:
                     (A)  pay any debts incurred;
                     (B)  transfer to Montgomery County any assets that
  remain after the payment of debts; and
                     (C)  maintain the organization of the district
  until all debts are paid and remaining assets are transferred; and
               (2)  this chapter expires September 1, 2016.
         Sec. 8269.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)  
  All land and other property included in the district will benefit
  from the improvements and services to be provided by the district.
         (b)  The district is created to accomplish:
               (1)  the purposes of a municipal utility district as
  provided by general law; and
               (2)  to the extent authorized by Section 52, Article
  III, Texas Constitution, the construction, acquisition,
  improvement, maintenance, or operation of arterial or main feeder
  roads or improvements in aid of those roads.
         Sec. 8269.005.  INITIAL DISTRICT TERRITORY. (a)  The
  district is initially composed of the territory described by
  Section 2 of the Act creating this chapter.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act creating this chapter form a closure. A mistake made in the
  field notes or in copying the field notes in the legislative process
  does not affect the district's:
               (1)  organization, existence, or validity;
               (2)  right to issue any type of bond for the purposes
  for which the district is created or to pay the principal of and
  interest on a bond;
               (3)  right to impose or collect an assessment or tax; or
               (4)  legality or operation.
  [Sections 8269.006-8269.020 reserved for expansion]
  SUBCHAPTER A-1.  TEMPORARY PROVISIONS
         Sec. 8269.021.  TEMPORARY DIRECTORS.  (a)  The temporary
  board consists of:
               (1)  Lester Jones;
               (2)  Pam Puckett;
               (3)  Louis Evans;
               (4)  Patty McBean; and
               (5)  Cindy Keefe.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date initial directors are elected under
  Section 8269.023; or
               (2)  the date this subchapter expires under Section
  8269.025.
         Sec. 8269.022.  ORGANIZATIONAL MEETING OF TEMPORARY
  DIRECTORS. As soon as practicable after all the temporary
  directors have qualified under Section 49.055, Water Code, the
  temporary directors shall meet at a location in the district
  agreeable to a majority of the directors. At the meeting, the
  temporary directors shall elect officers from among the temporary
  directors and conduct any other district business.
         Sec. 8269.023.  CONFIRMATION AND INITIAL DIRECTORS'
  ELECTION. Not later than the second anniversary of the
  organizational meeting held under Section 8269.022, the temporary
  directors shall hold an election to confirm the creation of the
  district and to elect five initial directors as provided by Section
  49.102, Water Code.
         Sec. 8269.024.  INITIAL ELECTED DIRECTORS; TERMS.  Unless
  the initial board otherwise agrees, the directors elected under
  Section 8269.023 shall draw lots to determine which two shall serve
  until the first regularly scheduled election of directors under
  Section 8269.052 and which three shall serve until the second
  regularly scheduled election of directors.
         Sec. 8269.025.  EXPIRATION OF SUBCHAPTER. This subchapter
  expires September 1, 2015.
  [Sections 8269.026-8269.050 reserved for expansion]
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 8269.051.  DIRECTORS; TERMS.  (a)  The district is
  governed by a board of five directors.
         (b)  Except for temporary or initial directors, directors
  serve staggered four-year terms.
         Sec. 8269.052.  ELECTION OF DIRECTORS. On the uniform
  election date in May of each even-numbered year, the appropriate
  number of directors shall be elected.
  [Sections 8269.053-8269.100 reserved for expansion]
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 8269.101.  MUNICIPAL UTILITY DISTRICT POWERS AND
  DUTIES.  (a)  The district has the powers and duties provided by the
  general law of this state, including Chapters 49 and 54, Water Code,
  applicable to municipal utility districts created under Section 59,
  Article XVI, Texas Constitution.
         (b)  The district has the powers and duties necessary to
  accomplish the purposes for which the district is created.
         Sec. 8269.102.  ROAD PROJECTS.  (a)  To the extent authorized
  by Section 52, Article III, Texas Constitution, the district may
  acquire, construct, or finance a road that meets the criteria or
  requirements for a thoroughfare, arterial, or collector road of the
  county in which the road is located or the municipality in whose
  corporate limits or extraterritorial jurisdiction the road is
  located or improvements in aid of that road.
         (b)  A road project must meet all applicable standards,
  regulations, and ordinances of the municipality or county in whose
  jurisdiction the district is located.
         Sec. 8269.103.  RECREATIONAL FACILITIES; LIMIT ON EMINENT
  DOMAIN POWER. (a) In this section, "recreational facilities" and
  "develop and maintain" have the meanings assigned by Section
  49.462, Water Code.
         (b)  The district may develop and maintain recreational
  facilities.
         (c)  The district may not, for the development or maintenance
  of a recreational facility, acquire by condemnation land, an
  easement, or other property inside or outside the district.
         Sec. 8269.104.  COMPLIANCE WITH MUNICIPAL CONSENT
  ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section
  54.016, Water Code, the district shall comply with all applicable
  requirements of any ordinance or resolution adopted by the
  governing body of the municipality that consents to the creation of
  the district or to the inclusion of lands within the district.
  [Sections 8269.105-8269.150 reserved for expansion]
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 8269.151.  ELECTIONS REGARDING TAXES OR BONDS. (a)  The
  district may issue, without an election, bonds and other
  obligations secured by revenue or contract payments from any source
  other than ad valorem taxation.
         (b)  The district must hold an election in the manner
  provided by Chapters 49 and 54, Water Code, to obtain voter approval
  before the district may impose an operation and maintenance tax or
  issue bonds payable from ad valorem taxes.
         Sec. 8269.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8269.151, the district
  may impose an operation and maintenance tax on taxable property in
  the district in accordance with Section 49.107, Water Code.
         (b)  The board shall determine the tax rate.  The rate may not
  exceed the rate approved at the election.
  [Sections 8269.153-8269.200 reserved for expansion]
  SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
         Sec.  8269.201.  AUTHORITY TO ISSUE BONDS AND OTHER
  OBLIGATIONS. The district may issue bonds or other obligations
  payable wholly or partly from ad valorem taxes, impact fees,
  revenue, grants, or other district money, or any combination of
  those sources, to pay for any authorized district purpose.
         Sec. 8269.202.  BONDS FOR ROAD PROJECTS.  (a)  The district
  may not issue bonds to finance projects authorized by Section
  8269.102 unless the issuance is approved by a vote of a two-thirds
  majority of the voters of the district voting at an election called
  for that purpose.
         (b)  Bonds or other obligations issued or incurred to finance
  projects authorized by Section 8269.102 may not exceed one-fourth
  of the assessed value of the real property in the district.
         Sec. 8269.203.  BONDS FOR RECREATIONAL FACILITIES. If
  authorized at an election under Section 8269.151, the district may
  issue bonds payable from ad valorem taxes to pay for the development
  and maintenance of recreational facilities.
         Sec. 8269.204.  TAXES FOR BONDS. At the time bonds payable
  wholly or partly from ad valorem taxes are issued:
               (1)  the board shall impose a continuing direct annual
  ad valorem tax, without limit as to rate or amount, for each year
  that all or part of the bonds are outstanding; and
               (2)  the district annually shall impose an ad valorem
  tax on all taxable property in the district in an amount sufficient
  to:
                     (A)  pay the interest on the bonds as the interest
  becomes due;
                     (B)  create a sinking fund for the payment of the
  principal of the bonds when due or the redemption price at any
  earlier required redemption date; and
                     (C)  pay the expenses of imposing the taxes.
         SECTION 2.  The Montgomery County Municipal Utility District
  No. 119 initially includes all the territory contained in the
  following area:
  BEING A 589.17 ACRE (25,664,335 SQUARE FOOT) PARCEL SITUATED IN THE
  MONTGOMERY COUNTY SCHOOL LAND SURVEY, A-351, MONTGOMERY COUNTY,
  TEXAS, CONTAINING ALL OF A 48.50 ACRE TRACT CONVEYED TO CONROE
  INDEPENDENT SCHOOL DISTRICT BY DEED RECORDED UNDER CLERK'S FILE NO.
  2006-102236 OF THE MONTGOMERY COUNTY OFFICIAL PUBLIC RECORDS OF
  REAL PROPERTY, ALL OF A 9.57 ACRE TRACT CONVEYED TO RPM4M VENTURES,
  LP BY DEED RECORDED UNDER CLERK'S FILE NO. 2006-102231 OF THE
  MONTGOMERY COUNTY OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, AND OUT
  OF A CALLED 1,023.05 ACRE TRACT CONVEYED TO LAND TEJAS SPRING
  TRAILS, LTD. BY DEED RECORDED UNDER CLERK'S FILE NO. 2006-102227 OF
  THE MONTGOMERY COUNTY OFFICIAL PUBLIC RECORDS OF REAL PROPERTY,
  SAID 589.17 ACRE PARCEL MORE PARTICULARLY DESCRIBED BY THE
  FOLLOWING METES AND BOUNDS;
  BEGINNING at a 5/8-inch iron rod with cap (stamped "VTSM"), in the
  southeasterly right-of-way line of Riley Fuzzel Road, in a
  southwesterly line of a called 60.25 acre tract conveyed to Sowell
  Equities-Lockeridge, L.P. by Deed recorded under Clerk's File No.
  2005-070370 of the Montgomery County Official Public Records of
  Real Property, in a northerly line of said 1,023.05 acre tract, for
  a northerly corner of the herein described parcel;
  THENCE, South 48°22'09" East, 1,628.43 feet along the southwest line
  of said 60.25 acre tract, and a northerly line of said 1,023.05 acre
  tract to a 1-3/4 inch axle for the most southerly corner of said
  60.25 acre tract, for a northerly corner of said 1,023.05 acre
  tract, and a northerly corner of the herein described parcel;
  THENCE, North 40°56'58" East, 2384.78 feet along a southeasterly
  line of said 60.25 acre tract, and a northerly line of the remainder
  of said 1,023.05 acre tract to a 3/4 inch iron rod with cap (stamped
  "Reno") in the southwesterly right of way line of Birnham Woods
  Drive (100 feet wide), for the most northerly corner of said 48.50
  acre tract, the most easterly corner of said 60.25 acre tract, and a
  northerly corner of the remainder of said 1,023.05 acre tract, and a
  northerly corner of the herein described parcel;
  THENCE, South 46°25'01" East, 6701.58 feet along the southwesterly
  right of way line of said Birnham Woods Drive, and a northeasterly
  line of the remainder of said 1,023.05 acre tract to a 5/8 inch iron
  rod set with cap (stamped "Powers") beginning a curve to the right;
  THENCE, South 39°38'05" West, 134.12 feet to a 5/8-inch iron rod set
  (with cap stamped "Montgomery and Associates") for a southeasterly
  corner of the herein described parcel;
  THENCE, South 88°05'45" West, 245.40 feet to a 5/8-inch iron rod set
  (with cap stamped "Montgomery and Associates") for a southeasterly
  corner of the herein described parcel beginning a curve to the left;
  THENCE, along the arc of said curve to the left having a radius of
  1,950.00 feet, an arc length of 433.26 feet, through a delta of
  12°43'49", and a chord bearing South 81°43'51" West, 432.37 feet to a
  5/8 inch iron rod set (with cap stamped "Montgomery and
  Associates") for a southeasterly corner of the herein described
  parcel;
  THENCE, South 75°21'56" West, 1587.09 feet to a 5/8 inch iron rod set
  (with cap stamped "Montgomery and Associates") for a southerly
  corner of the herein described parcel beginning a curve to the
  right;
  THENCE, along the arc of said curve to the right having a radius of
  2050.00 feet, an arc length of 1242.72 feet, through a delta of
  34°43'59", and a chord bearing North 87°16'04" West, 1223.78 feet to
  a 5/8 inch iron rod set (with cap stamped "Montgomery and
  Associates") for a southerly corner of the herein described parcel
  beginning a curve to the left;
  THENCE, along the arc of said curve to the left having a radius of
  25.00 feet, an arc length of 38.61 feet, through a delta of
  88°28'52", and a chord bearing South 65°51'29" West, 34.88 feet to a
  5/8-inch iron rod set (with cap stamped "Montgomery and
  Associates") for a southerly corner of the herein described parcel;
  THENCE, South 21°37'03" West, 827.36 feet to a 5/8 inch iron rod set
  (with cap stamped "Montgomery and Associates") for a southerly
  corner of the herein described parcel;
  THENCE, South 87°33'13" West, 557.05 feet to a 5/8-inch iron rod set
  (with cap stamped "Montgomery and Associates") for a southerly
  corner of the herein described parcel:
  THENCE, North 42°47'40" West, 236.36 feet to a 5/8 inch iron rod set
  with cap (stamped "Montgomery and Associates") for a southwesterly
  corner of the herein described parcel;
  THENCE, South 51°31'37" West, 450.95 feet to a 5/8-inch iron rod
  found with cap (stamped "Benchmark") in the northeasterly line of a
  called 998.5360 acre tract conveyed to Midway Spring Trails
  Partners, L.P. by Deed recorded under Clerk's File No. 2000-081148
  of the Montgomery County Official Public Records of Real Property,
  in a southwesterly line of the residue of said 1,023.05 acre tract
  for a southwesterly corner of the herein described parcel;
  THENCE, North 34°53'10" West, 2773.35 feet along a northeasterly
  line of said 998.5360 acre tract, and a southwesterly line of the
  remainder of said 1,023.05 acre tract to a 5/8-inch iron rod found
  in a pine stump for a southwesterly corner of the herein described
  parcel;
  THENCE, North 65°23'07" West, 3055.11 feet along a northeasterly
  line of said 998.5360 acre tract, a northeasterly line of Spring
  Trails Section 10 according to the map or plat thereof recorded
  under Cabinet W, Sheets 4 and 5 of the Montgomery County Map
  Records, a northeasterly line of Spring Trails Section 4 according
  to the map or plat thereof recorded under Cabinet S, Sheets 202 and
  203 of the Montgomery County Map Records, and a northeasterly line
  of Spring Trails Section 1 according to the map or plat thereof
  recorded under Cabinet S, Sheets 195 and 197 of the Montgomery
  County Map Records, and a southwesterly line of the remainder of
  said 1,023.05 acre tract to a 5/8-inch iron rod found with cap
  (stamped "Costello") in the southeasterly right of way line of said
  Riley Fuzzel Road, for a northwesterly corner of the remainder of
  said 1,023.05 acre tract and the herein described parcel;
  THENCE, North 39°30'36" East, 1703.37 feet along the southeasterly
  right of way line of said Riley Fuzzel Road, and a northwesterly
  line of the residue of said 1,023.05 acre tract to a 5/8-inch iron
  rod found with cap (stamped "Costello") for a northerly corner of
  the herein described parcel beginning a curve to the right;
  THENCE, along the southeasterly right of way line of said Riley
  Fuzzel Road, and a northwesterly line of the remainder of said
  1,023.05 acre tract, and along the arc of said curve to the right
  having a radius of 1940.00 feet, an arc length of 742.28 feet,
  through a delta of 21°55'21", and a chord bearing North 50°27'16"
  East, 737.76 feet to the POINT OF BEGINNING, CONTAINING 589.17
  acres (25,664,335 square feet) of land in Montgomery County, Texas.
         SECTION 3.  (a)  The legal notice of the intention to
  introduce this Act, setting forth the general substance of this
  Act, has been published as provided by law, and the notice and a
  copy of this Act have been furnished to all persons, agencies,
  officials, or entities to which they are required to be furnished
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor, one of the required recipients, has
  submitted the notice and Act to the Texas Commission on
  Environmental Quality.
         (c)  The Texas Commission on Environmental Quality has filed
  its recommendations relating to this Act with the governor, the
  lieutenant governor, and the speaker of the house of
  representatives within the required time.
         (d)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act are fulfilled
  and accomplished.
         SECTION 4.  The legislature finds that:
               (1)  the Montgomery County Municipal Utility District
  No. 119, as created by Chapter 8269, Special District Local Laws
  Code, as added by this Act, is not officially created until
  confirmed by a majority of the voters of the district voting at an
  election held for that purpose;
               (2)  securing the consent of political subdivisions to
  the creation of the district before the introduction or passage of
  this Act may be impractical because of the uncertainties of the
  legislative process; and
               (3)  the constitutional requirement for the district's
  compliance with the provisions of the general laws relating to the
  consent of political subdivisions to the creation of the district
  and the inclusion of land within the district is satisfied if that
  consent is secured before the date and hour of canvassing the
  returns and declaring the results of the confirmation election.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4079 was passed by the House on May 9,
  2007, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 4079 was passed by the Senate on May
  23, 2007, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor